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(영문) 부산지방법원 2014.03.28 2014노124
변호사법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment of one year, additional collection of 40 million won, sentenced by the court below, is too unreasonable.

2. The violation of the Attorney-at-Law Act is a crime that damages the foundation of the lawyer system and disturbs sound legal market order, and the case is not easy because it may harm the interests of the legal parties and interested parties, as well as attorneys-at-law if left alone, and the defendant has been punished for committing a crime that is not good, such as inflicting bodily injury on the counterpart staff with a deadly weapon by participating in a power dispute between an insurance fraud or a criminal organization.

However, in full view of the facts that the defendant recognized each of the crimes in this case and against his mistake, that there was no record of punishment for the same crime prior to the crime in this case, that the complainant wants to leave the defendant against E in relation to the violation of the Attorney-at-Law Act, that the defendant returned 40 million won that he received as the crime in this case, that G, the other party to the violation of the Attorney-at-Law Act, is also moving back to E in relation to the violation of the Attorney-at-Law Act, and that the defendant continued to engage in volunteer activities, that the health of the defendant is not good, that there is a family member to support the defendant, and that there is any other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, environment, occupation and family relation, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence is the same as the corresponding column of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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